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ITAT Kolkata Strikes Down Assessment for Lack of Jurisdiction Based on CBDT Limits
Case Law Details
- Case Name
- APE Power Pvt. Ltd. Vs DCIT (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2015-16
- Courts
- All ITAT, ITAT Kolkata
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APE Power Pvt. Ltd. Vs DCIT (ITAT Kolkata)
Notice Issued by Non-Jurisdictional AO Invalid: ITAT Kolkata Quashes Assessment Based on CBDT Pecuniary Limits
The Kolkata Bench of the ITAT allowed the assessee’s appeal for AY 2015-16 and quashed the entire assessment on the ground that the statutory notice under section 143(2) was issued by an officer lacking pecuniary jurisdiction.
The assessee had filed its return declaring income of about ₹49.24 lakh. As per CBDT Instruction No. 1/2011 dated 31.01.2011, cases above the prescribed pecuniary limits in metro cities fall within the jurisdiction ...





